The National Health Service (General Dental Services) (Scotland) Amendment Regulations 2007

Amendment of the National Health Service (General Dental Services) (Scotland) Regulations 1996

2.—(1) The National Health Service (General Dental Services) (Scotland) Regulations 1996(1) are amended as follows.

(2) In regulation 2 (interpretation)(2)–

(a) after the definition of “Council” insert–

• ““the dental care professionals register” is the register constituted under section 36B(1) of the Dentists Act 1984(3);

• “dental nurse” means a person in the profession pursued by dental nurses who is registered in the dental care professionals register;”; and

(b) after the definition of “dental surgery” insert–

““dental therapist” means a person in the profession pursued by dental therapists who is registered in the dental care professionals register;”.

(3) Omit–

(a) regulation 12 (removal from dental list on grounds of age)(4); and

(b) regulation 13(3) (withdrawal from dental list).

(4) In paragraph 5 of Schedule 1 (a capitation arrangement)(5)–

(a) in sub-paragraph (1)(a) after “patient” insert “or, where sub-paragraph (1A) applies, at the time of his first examination of the patient”;

(b) in sub-paragraph (1)(b) for “at the time of his first examination of the patient, provide the patient with the” substitute–

• “except where sub-paragraph (1A) applies, following his first examination of the patient, provide to at least one of the patient’s parents, guardians or other person with care or control of the patient, or the patient where in the opinion of the dentist the patient is capable of understanding, appropriate education, advice, a care programme relating to the oral health needs of the patient,”; and

(c) after sub-paragraph (1) insert–

“(1A) A dental nurse or dental therapist can, on behalf of a dentist, accept a patient under the age of three years of age for care and treatment under a capitation arrangement and in so doing shall, at the time at which he or she so accepts the patient, provide to at least one of the patient’s parents, guardians or other person with care or control of the patient the appropriate education, advice, care programme, information and forms specified in sub-paragraph (1)(b).”.

(1)

S.I. 1996/177.

(2)

Regulation 2 was amended by S.I. 1998/1663 and 1999/724 and S.S.I. 1999/51, 2000/188 and 352, 2001/368, 2003/131, 2004/292 and 2006/137.

(3)

1984 c. 24. Section 36B was inserted by S.I. 2005/2011.

(4)

Regulation 12 was amended by S.I. 1999/724 and S.S.I. 1999/51, 2000/188 and 2003/131.

(5)

Paragraph 5 of Schedule 1 was amended by S.I. 1996/2060 and S.S.I. 1999/51.